Employment Law

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Can a non-profit fire an Executive Director who does not…

Customer Question
Can a non-profit fire...

Can a non-profit fire an Executive Director who does not have a contractual employment agreement in place?

Lawyer's Assistant: Have you documented this or discussed it with HR?

No

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Part-time, though I certainly put in many extra hours over the past 3 years with no additional compensation.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have plenty of documented 'high praise' from national and local board members. This is 1 individual that is trying to fire me with 1 week left in his term.

Submitted: 7 months ago.Category: Employment Law
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Answered in 2 minutes by:
12/20/2017
Employment Lawyer: Loren, Lawyer replied 7 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,825
Experience: More than 30 years in legal practice.
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Employment Lawyer: Loren, Lawyer replied 7 months ago

While it is certainly not recommended, an ED of a non profit can be at-will. It is not a preferred arrangement, but it is not illegal, either.

If the ED is at-will then they serve at the pleasure of the board and may be terminated at any time, without notice, and with or without cause.

If, upon further deliberation you think that may apply to your situation then you need to make a complaint to the EEOC as soon as possible.

Otherwise, without a claim, as described above, the courts view this as office politics and offer no judicial or administrative remedy. In other words, you would need to seek recourse within the HR department.

I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels on this.

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Employment Lawyer: Loren, Lawyer replied 7 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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